"The Commission is continuing its commitment to a
transportation infrastructure that promotes the safety,
economic competitiveness, and quality of life of New York
State residents. In light of the tragic events of September
11th, we will pay particular attention to ensuring the safety
of our transportation systems. We must ensure that people can
fly in airplanes, ride the train and subway, and cross bridges
without fear."

The Commission on Critical Transportation Choices, established in 1994,
has a mandate to examine transportation systems and transportation
infrastructure needs throughout the State. By law (Article 5-A, Section
83-a, Legislative Law), the Commission is charged with:

Identifying and studying long-term transportation needs;

Assessing the impact of federal and state regulations on
transportation systems;

Coordinating and cooperating with other states in the
planning and development of mutually beneficial and supportive
transportation projects and services;

Studying and assessing the future of commercial and private
air service and making recommendations for the preservation
and improvement of such service;

Undertaking research and developing proposals in connection
with the development of ports, free trade zones, transportation
hubs and facilities related thereto;

Undertaking research and developing proposals in connection
with safety and safety- related programs in the various
transportation modes;

Evaluating the short-term and long-term capital needs and
operating assistance requirements of the state’s public transit
systems;

Cooperating with local, state and federal officials in the
analysis of possible changes in rules, regulations, and laws
relating to transportation;

Assessing the relationship between transportation and economic
development; and

Holding public and private hearings to assess the transportation
needs of the State.

The Commission has analyzed transportation needs around the State by holding
public hearings and meeting with advocacy groups and constituents. The Commission
has studied a number of important issues, including highway infrastructure, public
transit service needs, child safety issues, and pedestrian safety. White papers,
study briefs, and publications from the Commission have been released on a number
of these issues.

Significant Transportation
Legislation of 2001

The Assembly has traditionally been an advocate of legislation that advances safe and
effective means of transportation. This year a number of important bills were passed
ranging from helmet laws designed to protect our children to promoting measures to reduce
"road rage."

Child safety legislation

Helmet Safety (A.1199-b,
Dinowitz (A.8958, Ortiz) — The U.S. Consumer Product Safety
Commission reports that emergency room treatment of injuries related to scooters has
soared by 700% between May and September of 2000 (last reported year). This legislation,
like bicycle and in-line skating helmet laws already enacted, requires that children
fourteen and under wear helmets while riding scooters. (Chapter 402, Laws of 2001)

Stopping for School Buses (A.7171-a,
Sanders) — In the last five years, an average of 3,238 tickets were issued to drivers who
failed to stop for a school bus loading or discharging students. This legislation requires
that school buses be equipped with a first and second stop arm. The location of the dual stop
arms, one close to the front on the driver’s side and another on the rear of the school bus on
the driver’s side, would ensure that the stop signs are clearly visible to drivers in both
directions. (Chapter 430, Laws of 2001)

Licensure of Bus Drivers (A.7575, Sanders)
— Currently, people who are forbidden by the courts from driving their personal vehicles can
operate buses and school buses by obtaining "Certificates of Relief from Civil
Disabilities" — which are intended to permit an individual a restricted right to drive
incidental to their jobs. This legislation will prevent an individual whose license has been
revoked or suspended for operating a motor vehicle while under the influence of alcohol or drugs
from operating buses or school buses during the period of revocation or suspension. (Chapter 475,
Laws of 2001)

The rules of the road

Railroad Crossing Safety (A.8841,
Lafayette) — This legislation requires individuals operating a vehicle under a commercial license
to stop at all railroad crossings. Currently, vehicles carrying passengers must stop at railroad
crossings; however, commercial vehicles carrying cargo from groceries to hazardous materials are
not required to do the same. This bill will bring New York State in compliance with federal law
and ensure safety at railroad crossings. (Chapter 422, Laws of 2001)

Pedestrian, Bicycle & Motorcycle Accident Reporting
(A.4156-a, Canestrari) — This legislation would require that
investigations be done to determine the cause of accidents involving pedestrians, bicycles, and
motorcycles, in addition to passenger and commercial vehicles. The number of motorcycle-related
fatalities per miles traveled is 20 times the number of car-related deaths. Each year there are
an estimated 19,000-20,000 pedestrians injured, and 300-400 people killed in vehicle-related
accidents in NYS. The fatality and injury rate for bicyclists rises each year. Data gathered and
studied as a result of this legislation will lead to measures that increase safety and reduce
accidents, injuries and fatalities on our roads. (Chapter 408, Laws of 2001)

"Road Rage" Awareness (A.5168,
Robach) — "Road rage" is one of the fastest growing safety concerns on our roads and is
often a contributing factor in traffic accidents and fatalities. This legislation requires
pre-licensing and defensive driving classes to devote at least fifteen minutes to
"Road Rage" awareness. (Chapter 536, Laws of 2001)

Roundtable on Alternative Fuel
& Advanced Technology Vehicles

Assemblyman Diaz addresses the audience at the alternative fuel and
advanced vehicle technology roundtable. He is joined by Assemblyman
Darryl Towns (left) and keynote speaker Dr. David Carpenter (center).

"Every year in the metropolitan statistical area
of New York City and the surrounding counties, over 4,000 people die prematurely
as a result of breathing current levels of particulate matter. On a national
basis, about 3 percent of particulate matter in the air comes from diesel
vehicles. In Manhattan, it’s an entirely different picture. Over half of
the particles that we’re breathing today come from diesel vehicles. There
are communities in Brooklyn, upper Manhattan, and the Bronx that have
asthma hospitalization, fatality, and emergency rates that are as much as
four to five times the national average." (Testimony of Richard Kassel,
Esq., Natural Resources Defense Council, at an Assembly Hearing on Promoting
Sustainable Development when Rebuilding and Renovating the Transportation
Systems and Infrastructure of the Greater New York Metropolitan Area
8/19/99).

Current transportation technologies, though essential to economy and living standards, cause over
50% of urban air pollution, produce 30% of greenhouse gases, and are the second largest source of
Carbon Dioxide (CO2) in the US (about 143 million tons/year), after industry. Transportation fuel
use is recognized as a major source of nitrous oxide (NOx) in acid rain and greenhouse gas, Sulfur
Oxide (SOx), ambient ozone increase, particulates (PM) and toxic air pollutants. Some of these
pollutants have been linked to health effects from asthma to cardiopulmonary disease.

To address public health and environmental issues, the federal and state governments have enacted
various laws to promote the development of cleaner transportation technologies. While federal, state,
and local governments have added new transportation technologies to their inventories, the public
still has few options. Volatile energy prices, war in Afghanistan, global warming, and public health
concerns have demonstrated once again the need to develop and promote greener transportation
technologies among the general population.

On May 22, 2001, Ruben Diaz, Jr., Vice-Chair of the Assembly Legislative Commission on Critical
Transportation Choices, and Darryl Towns, Chair of the Assembly Legislative Commission on Science
and Technology, co-sponsored a roundtable to discuss alternative fuel and advanced vehicle
technologies. The roundtable brought together public and private sector transportation leaders,
advocates and interested legislators to examine the challenges and benefits of promoting development
of the alternative fuel and vehicle market.

Health effects of transportation-related pollutants

Research conducted at the University of California-Davis has shown that the
cancer-causing potential of biodiesel particulate matter is 80% less than that of
petroleum diesel. (Source: National Biodiesel Board)

In the eastern U.S., smog sent 53,000 people to the hospital, 159,000 to the emergency room,
and triggered over 6 million asthma attacks during the summer of 1997. (Source: Clean Air
Network)

The Honda Insight, available at your dealer today, gets up to 70 miles per gallon of
gasoline. (Source: Environmental News Service)

The ethanol and biodiesel industries currently generate more than 60,000 U.S. jobs and add
more than $2 billion to the U.S. economy each year. (Source: U.S. Dept. of Energy)

Transportation pollutants that are of particular concern to residents in urban
areas are ground-level ozone or smog and particulate matter (PM).

Smog — Exposure to smog causes a range of human
pulmonary and respiratory health effects, including chest pain, coughing, shortness of
breath, and increased susceptibility to bacterial infections. Ground-level ozone or
smog is created when NOx and Volatile Organic Compounds (VOCs) combine in the presence
of heat and sunlight. Ozone is a powerful oxidant, capable of destroying human lung and
airway tissues.

Particulate Matter — Scientific studies have linked
fine particles to a series of significant health problems including: premature death,
respiratory related hospital admissions and emergency room visits, aggravated asthma,
coughing, difficult or painful breathing, chronic bronchitis, and decreased lung function.
Fine particles that make up particulate matter air pollution (PM) are formed in the
atmosphere by chemical reactions of hydrocarbon products from the combustion of coal, oil,
gasoline, diesel, wood and industrial processes.

Advanced vehicle technologies*

The most promising technologies discussed at the roundtable were hybrid-electric vehicles,
fuel cell vehicles, and alternative fuel vehicles (AFV).

Hybrid Electric Vehicle (HEV) — An HEV is powered by
the combination of a battery pack and electric motor and a power generation unit (PGU),
which is normally an internal combustion engine. Unlike electric vehicles (EVs), HEV
batteries can be recharged by an on-board PGU, which needs only to be refueled.

Alternate Fuel Vehicles (AFV) — AFVs use an internal
combustion engine to generate power like gasoline vehicles with minor modifications.
Ethanol and methanol are blended with gasoline in the vehicle’s fuel tank. The car can be
fueled on any mix of the specified alcohol and gasoline up to 85 percent alcohol.

Fuel Cell Vehicle — A fuel cell is an electrochemical
device, similar to a battery, that produces electricity silently and without combustion.
However, where batteries must be recharged to continue power generation, fuel cells must
be refueled with hydrogen.

* Definitions for all advanced vehicle technologies from "National Conference Of State
Legislatures, Ground Transportation for the 21st Century" Asme Press, August 1999.

Natural Gas — Natural gas is a mixture of hydrocarbons
— mainly methane (CH4). As indicated by its name, natural gas is in gaseous form. It can be
stored on a vehicle either in a compressed gaseous state (CNG) or in a liquefied state
(LNG).

Biodiesel — Biodiesel is a fuel made primarily from the
oils and fats of plants. Although it can be used as a straight replacement to diesel, the
blend of biodiesel can be as low as 20 percent biodiesel, 80 percent diesel.

Hydrogen gas (H2) — Hydrogen gas (H2) can be produced
from a number of different resources, including natural gas, water, and methanol. Currently,
the use of hydrogen as a vehicular fuel is still in the research and development stage.

Hybrid Electric Vehicle — In December 2000, New York City’s
Metropolitan Transportation Authority put in a $77 million order for 200 hybrid electric transit
buses, the largest order in North America to date. The buses and their propulsion systems will be
manufactured in NYS by Orion Bus Industries and BAE Systems, respectively. (News Brief,
SustainableBusiness.com)

Electric Postal Vans — The most successful undertaking to
date in terms of promoting a market in New York State for alternative fuel vehicles (AFV) is the
Baker Electromotive and Ford Motor Company initiative with the United States Postal Service (USPS)
to produce electric postal vans. State financial incentives brought the price of each vehicle
down enough to make them attractive to the USPS, and assembly operations were initiated at
Griffiss Business and Technology Park in Rome, New York. Ford was able to demonstrate to USPS that
the vehicle will save money in operating benefits, (no fueling stations; electricity is cheaper
than gas). The project afforded New York State the opportunity to become a leader in the
alternative fuel industry. New York is one of the few states with a meaningful tax credit to offset
the incremental costs of manufacturing an AFV, as well as a tax credit to offset the incremental
costs of buying one. Ford hopes that the USPS partnership will be a springboard for further market
development. Other countries have shown interest, so there is significant export potential.

Roundtable participants agreed that New York has done much to foster the growth of alternative
fuels and new transportation technologies, but hoped that more could be done. Next year, the
Commission will review other states’ efforts to promote these industries to determine if additional
incentives might be implemented in New York State, particularly in the area of diesel trucks. The
Commission will also research efforts to promote the production of alternative fuels in New York
State to determine what incentives might be needed to help manufacturers and farmers.

Roundtable on Sustainable
Transportation Development

Building livable communities: development of a Community Transportation Plan

Stakeholders in the transportation arena agree that appropriate investment in transportation
infrastructure is essential to economic development and improvement in the quality of life.
Under-funded or poorly designed transportation systems increase reliance on automobiles and
trucks, thereby increasing traffic congestion and air pollution. Urban communities are
particularly impacted when traffic congestion seeps into residential areas, causing health and
safety concerns. Inadequate public transportation systems reduce options for travel to work.

On July 13, 2001, the Legislative Commission on Critical Transportation Choices sponsored a
roundtable at the Soundview Community In Action Center located in the Bronx, New York.

Topics of discussion at the roundtable included developing a solid plan for transportation issues
facing the community, including:

Major areas of concern

Air quality impacts from transportation in Hunts Point and surrounding areas are reaching
critical levels and must be addressed. Over 180,000 vehicles use the Bruckner Expressway to
commute to work each day through the South Bronx en route to Manhattan, Queens, and points
south and west.

Adequate transportation options for workers traveling to and from work on the Point
are not available. Currently, many of the 16,000 employees who work in Hunts Point must
walk from the #6 Hunts Point Avenue stop to businesses on the periphery of the peninsula.
This great walking distance makes it hard for commuters to get to work and for employers to
recruit employees.

There is great interest in the development of recreational transportation opportunities for
area residents, including bike paths, canoeing, and kayaking.

Possible solutions to transportation problems were divided into two categories:

Short term solutions...

Establish a peninsula shuttle/trolley for commuters who work on Hunts Point Peninsula.

Increase use of rail from Hunts Point to ship food in and out of the market.

Establish a truck route around residential areas in the community for diesel trucks
traveling to Hunts Point on a daily basis. Work with police and area businesses to ensure
enforcement.

Reintroduce ferry service to the waterfront area along the Bronx and East Rivers that
would open a new transportation corridor from the Bronx to Manhattan and to La Guardia
Airport.

Fund a scientific study to provide links between diesel fuel exhaust and illness.

Fully fund feasibility studies by DOT for a new access way from area highways into Hunts
Point.

Establish ferry and barge service along the Bronx River.

Construct a pedestrian bridge between Hunts Point and Sound- view Park to reduce traffic
congestion and improve recreational opportunities for families.

Establish clean transportation businesses on the Point.

Establish training programs for the advanced skills needed to operate and maintain new
transportation technologies.

Roundtable participants agreed that other communities in New York City and urban areas
around the State share the same transportation challenges. They hope their efforts can
be used to develop guidelines for other communities to follow and agreed to continue working
together to focus on urban transportation priorities. Possible first steps included holding
a hearing on commercial distribution of goods by truck, rail and ferry, and educating the
business community on the health impacts of transportation systems and ways to develop cleaner
modes of transportation.

Looking Ahead

Assemblyman Ruben Diaz, Jr.
reviews legislation in his
Albany office.

In the coming year, the Commission will pay particular attention to ensuring the safety of our
transportation system. We will review the federal government’s new security measures to
determine if they are adequate to protect New Yorkers, and to evaluate the impact they will have
on the state’s transportation systems and the industries that depend on them.

We will hold hearings on diesel fuels, bringing together businesses, trucking industry advocates
and concerned citizens to discuss solutions to the pollution and health problems perpetuated by
these fuels. The Commission will also continue its work to seek solutions to traffic congestion
problems in urban areas.

The Commission looks forward to keeping you informed as we research and report on transportation
practices that work to combine economic development priorities with social needs and
environmental principles in New York State.